US Work Permit Visa Requirements – The A To Z

The United States of America is ranked as the largest economy in the world. Thus, America is one of the most popular destinations for immigrants seeking work. The US offers a work permit, and there are many requirements to meet to work in the country.

Each year, America processes visa applications for students, businessmen, families, investors, etc. Some types of visas allow an individual to work in the USA, while others do not. However, this is not enough for an individual to be eligible for a job. To be eligible for employment, an immigrant also needs a work permit. This is also known as an Employment Authorization Document.

US Work Permit Visa Requirements
US Visa specimen. Image courtesy Zboralski

Who Needs a Work Permit?

People who are temporarily staying in the United States and seeking employment there need a Work Permit. If an immigrant holds a Green Card, a work permit is not required. The most common categories an individual must fall into to be eligible for a work permit are listed below.

  • Refugees, their spouses, and their children
  • Individuals who have been granted asylum in the USA
  • Individuals with a pending asylum application
  • Foreign student looking for Optional Practical Training(OPT)
  • Students of science, technology, math, or Engineering seeking a 24-month extension for OPT
  • Foreign students are offered off-campus employment under certain conditions
  • Spouses of an immigrant who is part of an exchange program
  • A-1 or A-2 Foreign Government Official’s dependents
  • Dependents of NATO non-immigrants stationed at certain posts
  • Nonimmigrant servants of a nonimmigrant employer or a US citizen
  • Nonimmigrants working with a foreign airline
  • Investor or E-1/E-2 Treaty Trader Spouses
  • E-2 CNMI Investor or L-1 Intracompany Transferee Spouses
  • Spouse of an individual holding an H1-B visa

US Work Permit Visa Requirements – How to Apply?

A US work permit is not the same as a US work visa. A work permit allows individuals already residing in the USA to work legally. However, a US work visa is a type of visa that must be applied for before entering the country. The application process for a US work permit is fairly direct. First, an applicant must fill out the I-765 form. He must then prove eligibility for the work permit, pay the relevant fees, and submit the form to the USCIS.

I-765 Form

The I-765 form is a two-page document available at the USCIS website. The form is self-explanatory and should be filled out in black ink. It may be filled out online and printed. No question should be left blank. If any point is not applicable, answer it with N/A.

If an applicant needs extra space to answer a question, he may attach a continuation sheet to the form. 2 identical passport-sized photographs must also be submitted with this form. Before submitting the form, a copy should be made and kept for personal reference. It is important to remember that any unsigned form will be rejected.

Read: US Work Visas – Alternatives To The H-1B Visa

What are the US Work Permit Visa Requirements?

Along with the application, an individual must also submit proof of eligibility for a work permit. As per the visa requirements, the required proof varies by applicant category. For example, people granted asylum and refugees may submit a copy of either the I-590 form or the I-730 form. Otherwise, they could submit the refugee/asylee relative petition or the USCIS letter granting asylum.

Foreign students seeking OPT may attach a copy of their degree to fulfill the requirements. The employer name and the E-Verify company ID number must accompany this. H-1 B visa holders and their spouses may submit photocopies of their visas. In some cases, the US Work Permit Visa requirements include proof of economic status. This may be presented as a list of assets, a statement of income, and expenses.

What is the US Work Permit Visa Fee?

As of 2017, a filing fee of $410 is due when submitting the I-765 form. This may be paid by money order or check. This must be drawn on a bank located in the United States of America and payable in US dollars. Some applicants, such as refugees and N8, N9, or U1 non-immigrants, may be exempted from this fee.

This fee is also non-payable for dependents of foreign government, international organization, or NATO personnel. Similarly, VAWA Self-Petitioners are exempted from paying the filing fee. Applicants eligible for a fee waiver must submit a written request or the I-912 form with the application. Unless specifically waived, all applicants must also pay a biometric fee of $85.

How should the Form be submitted?

Once the US Work Permit Visa Requirements have been met, the applicant must file the application online or by mail. For an online submission, the supporting documents must be mailed to USCIS. The center for submitting an application form depends on the applicant’s eligibility category. Addresses also differ based on whether the application is being sent by US mail or a courier service.

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